5 Miss. Code. R. 3-6-6.20

Current through December 10, 2024
Rule 5-3-6-6.20 - Collection, Civil Actions for Recovery, and Remedies

If a vehicle secures a credit availability loan, and it is repossessed and thereafter sold to satisfy a loan in default, the Licensee shall NOT be entitled to recover a "deficiency" from the account holder following the sale of the vehicle, if the sale of the vehicle does not result in an amount equal to or greater than the principal balance owing at the time of default. However, recovery of fees and costs as allowed by Section 75-67-619(6) may be recovered from the court. Any amount recovered over and above the amount owed by the account holder shall be promptly refunded. The Licensee shall maintain proof of refund in the account holder's file.

A Licensee shall not accelerate the full term of a delinquent loan and recover or request the whole amount due and owing as if the contract had been honored by the account holder (i.e., the entire benefit of the bargain). Demands shall only be made for fee amounts actually accrued or incurred. A Licensee's request for judgment for monthly fees shall in no instance exceed the precomputed amount of the loan agreement.

5 Miss. Code. R. 3-6-6.20

Miss. Code Ann. §§ 75-67-615(1) and 75-67-619(6)
Adopted 3/3/2021